tag:blogger.com,1999:blog-6148719993180036093.post7565159223917552077..comments2023-04-13T05:50:18.620-04:00Comments on The Newbius Papers: QOTD: John MarshallNewbiushttp://www.blogger.com/profile/09501998014769060130noreply@blogger.comBlogger3125tag:blogger.com,1999:blog-6148719993180036093.post-87646425095515432542010-10-21T11:33:18.485-04:002010-10-21T11:33:18.485-04:00Obsidian,
The irony of that was not lost on me. ...Obsidian,<br /><br />The irony of that was not lost on me. In pointing out that "laws repugnant to the Constitution are void", he usurps Judicial Branch power over the Legislative body in a manner that is itself repugnant to the Constitution. In so doing, he also places newly-enacted legislation in a type of limbo, upon the first challenge to the new law. <br /><br />Would that we could depend upon our Legislators to only act in a manner that is faithful to the Constitution's limits to their authority. Sadly, the nature of power is corrupting, and desires to be self-protecting once gained.Newbiushttps://www.blogger.com/profile/09501998014769060130noreply@blogger.comtag:blogger.com,1999:blog-6148719993180036093.post-49775816491948579822010-10-21T00:59:57.594-04:002010-10-21T00:59:57.594-04:00They do teach it in High School, and of course no ...They do teach it in High School, and of course no 1L Con Law syllabus is complete without a lengthy discussion about Marbury and it's arguably more important cousin, McCulloch v. Maryland.<br /><br />I'd like to point out that Marshall's opinion in Marbury, for all the speechifying it does about placing limits on the federal government, is actually quite a power grab for Marshall and the Supreme Court--Judicial Review of Congressional Acts, for example, is found nowhere in Article III, nor is it found anywhere else in our Constitution.Obsidiannoreply@blogger.comtag:blogger.com,1999:blog-6148719993180036093.post-1159706952974048222010-10-19T15:56:57.329-04:002010-10-19T15:56:57.329-04:00When I was in high school, our civics class covere...<i>When I was in high school, our civics class covered the Constitution, including the Marbury v. Madison case. Do they still do so? </i><br /><br />I know they still taught it in my undergrad Con Law classes as of 2004.Mike W.https://www.blogger.com/profile/03425962910696301026noreply@blogger.com